“If this were a true repeal, wouldn’t we be reverting to the policy as it was before slick Willie declared Homosexuality in the Military to be optional?”
Yes - that’s been the misrepresentation from the beginning: 10 USC 654 simply codified the policy that practicing homosexuals will be discharged. With its repeal, we should go back to how things were before its implementation, which is stated in the repealed statuts as follows:
(13) The prohibition against homosexual conduct is a longstanding element of military law that continues to be necessary in the unique circumstances of military service.
By repealing DADT, they didn’t repeal the “longstanding element of military law”.
“By repealing DADT, they didnt repeal the longstanding element of military law.”
I don’t readily have the link, but it is easy to find. Check out the DoD website that reports the “findings” of the panel/board. Anyway, they have it in the plan to have congress amend the UCMJ, etc.
Hopefully, the new GOP majority in the House won’t go along. I’m not sure what effect it would have though. Some court would probably just rule the UCMJ sodomy restrictions void.